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47390NCJRS.Pdf If you have issues viewing or accessing this file, please contact us at NCJRS.gov. ~~--- -- -----~ --- I I ~I EXECUTIVE TIWNING PROGRAM I IN ADVANCED CRIMINAL JUSTICE PRACTICES I I I I I I I ·1 I I CJG I I cr­ I, (Yj ,I [ vnnns ilL ;Y TRANSFER .. )F LAW ENFORCEMENT I iTiCE ::1 SISTANCE ADMINISTRATION I MENT OF JUSTICE o o J! CI '(~b----------~~----------~, I I I I Office of Technology Transfer National Institute of Law Enforcement I and Criminal Justice , Law Enforcement Assistance Administration \ I United States Department of Justice I I, RAPE AND ITS'VICTIMS MANUAL I by Mary L. Keefe 'I Jayne T. Rich Emilio Viano I Ann W. Burgess I I ;:1 Prepared by: UNIVERSITY RESEARCH CORPORATION I This manual was supported by Contract J-LEAA-022-76 awarded by the La~ Enforcement Assistance Administration, U.S. Department of Justice, under the ~libus Crime ,I Control and Safe Streets Act of 1968, as amended. Points ot view or oprnions stated in this document are thos.e"Of the authors and do not n~.ces!3arily represent the official position or policies of the U.S. Department of JJ~~ice. ' I The Law Enforcement Assistanoe Administratic;m reserves the r:tght to reproduce, publish, translate, or otherwise use, and to authorize others to publish and use all or any part of the copyrighted material contained itt.) 'this publication. Copyright 1977 by University Research Corporation EXECUTIVE TRAINING PROGRAM _______---- ________ IN ADVANCED CRIMINAL JUSTICE PRACTICES ____--""'--~-----' I, t I I I I I ,I I I I I .. 1 1 I I I I I I I I I I I CONTENTS PREFACE . ., .. " .. ".~ .. · v I ACKNOWLEDGMENTS • . " " " , .. " , " .xv CHAPTER 1: RAPE ~~ID ITS VICTIMS-~THE PROBLEM~OLVING APPROACH. · . • 1 I A. An Introduction to Problem Solving. •. • ••• · . • 1 B. The Problem-Solving Outline . • . • . • • • iI 5 4 C. Notes from the Workshop . • . • . • • 6 I CHAPTER 2: THE NEED FOR INTERAGENCY COOPERATION. · .11 CHAPTER 3: THE CONTEXT OF RAPE • . • . • . • . •• •••• • .17 I A. The Focus of Rape • • • • • • • • • • • .17 B. Summary of Research Findings. • • • .• .20 C. The Importance of Research and Its Application •.••.•• 21 D. Legal Issues. • . • . • .22 I 1. Developing a Legal Definition • . •. .22 2. Definitions. • . • • . .24 3. State Laws. • • .• ..•• .25 I a. Colorado.. ••. • . • • • • .26 b. Florida. • .27 c. Michigan. • • . • 28 I d, Wisconsin. • • • . • • • • • •. ,29 e. California:-'.,..Rules of Evidence and Charge to Juries . • • . .30 I E. Rape--The Mythology . • • . " . .34 F. Rape--Fact and Fiction. • · .36 G. The Reporting of Rape . • • • • .39 H. Bibliography on Recent Developments and Major I Research Findings in the Study of Rape .and of Its Victims. • . • • • • " • " oIt • .43 I CHAPTER 4: REACTIONS TO RAPE • • " " . " .. .. 51 A. Community Reaction. • • .51 S. A Case of Rape. • • • • • . • ,. " " 11 11 .. " .. 11 .. 51 I 1. The Setting • . " ~ .. " . " " "52 2. The Victirn·s Story. •• . ••• • • • • • .52 3. The Detective's Story. ••.•• · .56 4. The Nurse's story • • • • • . • . • • .57 5. The Prosecutor's Story. • • • • • • • • .58 6. The Victim Advocate's story. ••• .59 I 7. App,lying the problern~Solving Outline •••..• , , .• 60 CHAPTER 5: RESPONDING TO RAPE. • . • • . • • .63 A. Professional Isolation. • · .. .. ,63 I B. The Police Response . .64 C. Meeting Victim Needs in the Hospital. .. , , • · .69 D. The Response of Prosecutors • . , , • . , • .76 I E. The Community Response. • . · . • · • I;." • .84 I iii I CHAPTER 6: THE DYNAMICS OF CHANGE .89 'II, . · · · · · · I A. Characteristics of Change. · · . · · .89 B. Resistance Comes in Many Forms . · · .91 C. Prescriptions for change . · · . · · · · .93 I CHAPTER 7: "IiHE TRAINING WORKSHOPS--A PERSPECTIVE. .99 · · · I 'I I I I I I I I I I iv I I I I PREFACE THE EXECUTIVE TRAINING PROGRAM I IN ADVANCED CR~MINAL JUSTICE PRACTICES I Introduction The Executive Training Program in Advanced Criminal Justice Practices is a nation­ wide training effort that offers states and local jurisdictions the opportunity to learn about improved criminal justice procedures and put, them into operation. I The Executive Training Program is sponsored by the National Institute of Law Enforcement and criminal Justice (NILECJ), the research center of the Law Enforce­ I ment Assistance Administration, United States Department of Justice. The National Institute supports wide-ranging ,research in the many legal, socio­ logical, psychological, and technological areas related to law enforcement and ,I criminal justice. It also follows through with the essential steps of evaluating research and action projects and disseminating information on ,them to encourage early and widespread adoption. I The Executive Training Program is one of the Institute's priority efforts at trans~erring researc~ results to actual application in police departments, courts, and correctional institutions across the country. In this program, top criminal I justice administrato~s and other decisionmaking officials of courts, corrections, and police agencies in each state are selected to participate in workshops and other training activities held across the country. The aim of the Executive I Training Program is to help states and local jurisdictions develop the caB~city to use new proqedures derived from research findings or designed and develop'ea""CC-C' by the Institute's Office of Technology Transfer through its Exemplary Projects I Program and Prescriptive Package publication series. Goals I The primary goal of the Executive Training Program, is to enable criminal justice executives and policyshapers to bring about adoptibn of improved court, correc­ I tions, and police practices identified or developed by the National Institute. As LEAA's research, evaluation, and technology transfer a~, the Institute works 'to devise improved methods to control crime and strengthen the criminal justich\ I ~\\ystem and to train law enforcement and criI.ninal justice personnel to use theJe ",-? '\ , more promising approaches. .r TIP introduce the new practices throughout the nation, the Institute's Executive I T:raining Program: I' I v I • Informs influential policymakers about new practices and their potential for improving the criminal justice system, and I • Gives them'the knowledge and skills needed to apply these methods in their jurisdictions. I Approach Techniques that have been shown to work or that promise improved effectiveness or I effici.ency are presented to key criminal justice executives and decisionmaking officials in Training Workshops, Field Test Training, Follow-On Training, and Research and Development Seminars. Eight topics have been identified by the I National Institute for training sessions that began in late 1976 for selected senior staff and officials of state and local agencies. I The Executive Training Program was designed, and is conducted and managed, by University Research Corporation (URC), a national training organization based in Washington, D.C. I URC curriculum designers, trainers, and logistics staff are working with the National Institute, selected criminal justice experts, and local projects that have successfully carried out advanced practices. Some portions of the training I are conducted under URC's supervision by consulting firms experienced in criminal justice training. I· Program Activities Three types of activities are being carried out during the two-year program to facilitate the transfer of advanced practices to local jurisdictions. I 1. Training Workshops I Eight Workshop series are being presented across the country. Each Workshop runs for about three days. It is devoted to one topic, a,nd is open to 60 top criminal justice policymakers from throughout the I geographical area of the Workshop presentation. At the first fow~ Workshop series, participants learned new techniques for programs on: I • Managing Criminal Investigations • Juror Usage and Management • Prison Grievance Mechanisms • Rape and Its Victims I Beginning in September 1977, Workshops are being presented around the country on: I • Managing Patrol Operations • Developing Sentencing Guidelines I • Health Care ih Correctional Institutions • Victim/Witness Services I vi I I Nationally known experts assist in developing training and present portions I of the Training Workshops. Trai.ning designers work with the Institute, the national experts, and researchers from Exemplary Projects or Prescriptive Packages to ensure clear presentation of concepts and appropriate guidelines I for implementation. Participants receive individual program planning guides, self-instructional materials, handbooks, and manuals. Certificates acknow­ ledging the competence of participants to implement the new procedures are awarded at the conclusion of training. In cases of special need, local I training support may be provided after the participants begin the. implemen­ tation process in their jurisdictions. I The train-ing topics were selected from amonq' the most prom~s~ng models developed under NILECJ auspices, including models derived from: I • Research Results - Improved criminal justice practices derived from research findings. • Exemplary Projects - Projects that show documented success in I controlling specific crimes or that have demonstrated measur­ able improvement in criminal justice service. I • Prescriptive Packages - Syntheses of the most advanced techniques, including operational guidelines, that can be followed in locales I throughout the country. Following each Training WorkdlDp, up to six days of follow-on training are available, on a regional
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